"Wellnessta" means Wellnessta Private Limited, a corporation organised under the Companies Act; authorised to carry on business in India to carry on the business of providing all types of e-commerce services including providing cloud software, buying and selling of solutions and options and related consultancy services either directly or indirectly or through brokers or licensees and also providing franchising and management services, publishing content online, print or any medium in India or outside India either singly or jointly or in Partnership with any person(s) or Body corporate or partnership Firm.
Wellnessta accepts advertising on the Wellnessta Platform from third parties ("TPM / Advertisers"), which may include third party banners, badges, contextual advertising and content created or provided by an Advertiser (collectively referred to as "Advertisements" or "Advertising"). In addition, as used in this policy, the terms "Advertising" and "Advertisements" include third party banners, modules, links, microsites, native advertisements and other content provided by or on behalf of Advertisers. The Advertiser is responsible for the accuracy and objectivity of their Advertising.
The following terms and conditions have been established by Wellnessta to govern various aspects of Advertising on properties within the “Wellnessta Platform” (which includes any of Wellnessta’s websites and mobile applications directed to consumers hereinafter referred to as (“Terms And Conditions”).
The Terms And Conditions in this policy govern issues like acceptance of Advertisements by Wellnessta, the manner in which the Advertisements are displayed on the Wellnessta Platform, and the removal of Advertisements from the Wellnessta Platform. Wellnessta has sole and absolute discretion with respect to interpretation and enforcement of this policy and all other issues associated with Advertising on the Wellnessta Platform. Wellnessta may change this policy at any time in its sole discretion by posting a revised policy as may be applicable.
1. GENERAL BANNER REQUIREMENTS:
1.1. Wellnessta has sole discretion for determining the types of Advertising that shall be accepted and displayed on the Wellnessta Platform, and under no circumstances shall Wellnessta's acceptance of any Advertisement be considered an endorsement of the product(s) and/or service(s) advertised or for the Third Party Member (“TPM”) that advertises, manufactures, distributes, or promotes the products or services.
1.2. Wellnessta shall not knowingly accept Advertising that, in Wellnessta’s opinion, is not factually accurate and in good taste.
1.3. There are certain categories of Advertisements that Wellnessta shall not knowingly permit on the Wellnessta Platform at any time. These categories include but are not limited to the following:
1.3.1. Illegal, 'objectionable', 'ineffective' and/or 'dangerous' products (Wellnessta reserves the right to determine what is 'objectionable', 'ineffective' and/or 'dangerous')
1.3.2. fraudulent, deceptive, illicit, misleading or offensive material;
1.3.3. material that misrepresents, ridicules, discriminates (real or implied) or attacks an individual or group on the basis of age, national origin, race, religion, gender, sexual orientation, marital status, disability or any other status deemed inappropriate for the Wellnessta Platform;
1.3.4. weapons, firearms, ammunition, or fireworks;
1.3.5. gambling;
1.3.6. pornography or related themes;
1.3.7. tobacco use of any kind;
1.3.8. unreasonable, unlikely or extraordinary product or service claims;
1.3.9. media messages or imagery that strobe or flash
1.4. Wellnessta reserves the right to determine at any time in its sole discretion whether it will accept, reject, cancel, or remove advertising from the Wellnessta Platform. Wellnessta shall not provide any assurances that Advertisements will perform without error on all platforms, including websites and mobile applications.
1.5. No Advertising on the Platform shall include any pixels, tags, flash containers or any other type of information collection software code (any such pixel, tag, code or device a "Pixel") or shall place any beacons, cookies or other information collection devices on the browsers of users of the Wellnessta Platform unless expressly approved in writing by Wellnessta. If Wellnessta Platform approves the inclusion of a Pixel in an advertisement, then unless and only to the extent that such approval contains an express exception, (i) Advertiser may not use such Pixel to collect any personally-identifiable information (PII) with respect to any Wellnessta user, (ii) no such Pixel can be flash or object based, (iii) the Pixel can be blocked and any cookie placed can be deleted by user browser settings, (iv) Advertiser will not link any non-PII that it collects to any PII that it may have from any other source and (v) Advertiser will not update any existing profile or create any profile in its database based on any data collected on the Wellnessta Platform, including the fact that someone is a Wellnessta Platform user or any information derived from the information in the referring URL Wellnessta Policies.
2. REJECTION AND ALTERATION OF ADS
2.1. To ensure the integrity of Wellnessta and for the benefit of our readers and TPM, Wellnessta reserves the right to revise, reclassify, edit or reject any Advertisement materiala or any portion thereof at any time. Wellnessta at all times reserves the right to refuse to publish any content for any reason and regardless of whether any such Advertisement was previously accepted by Wellnessta.
2.2. Wellnessta.reserves the right to alter any Advertisement or its content in order for the material to conform to Wellnessta’s current mechanical or technical specifications.
3. POSITION REQUESTS
3.1. Placement or location of Advertisement is not guaranteed. Though, the Advertiser shall have an option to select a position (top or bottom of the page) to position the Advertisement, however, the same will be subject to availability. Any specific Advertisement condition shall not be legally binding upon Wellnessta but will be treated as a request only and Wellnessta shall not be deemed in breach of these Terms and Conditions if it does not publish the Advertisement in a requested position.
3.2. Each Banner Advertisement shall be valid for a period of fifteen (15) days and shall be displayed on rotation basis to avoid blind spot.
3.3. Further, Advertisement shall be subjected to display within the category of pages preselected by the Advertiser / TPM. Once such selection is made, the Advertisement shall display in the selected category only. Any amendments /changes with reference to change of category shall be informed to Wellnessta and the necessary requirements shall be required to be complied with by the Advertiser / TPM as maybe informed by Wellnessta to be displayed accordingly.
4. COMPLIANCE
4.1. It is the Advertiser's responsibility to comply with all domestic and foreign laws and regulations applicable to its Advertising within the Wellnessta Platform (and to include all legally required legends, disclosures and statements in such Advertising).
4.2. Wellnessta will not monitor compliance with such laws and regulations. However, Wellnessta reserves the right to review all Advertising for compliance with applicable laws and regulations and, if Wellnessta Platform becomes aware of any breach or potential breach of any applicable law or regulation and or any or all of these Terms And Conditions, Wellnessta may remove the Advertising from the Wellnessta Platform without any prior intimation to the advertiser.
5. NO REFUNDS AND NO CANCELLATION
Money once paid for the advertisement shall not be refunded under any circumstances. No cancellation or refunded requests shall be entertained.
6. LIMITATION OF LIABILITY
Wellnessta does not make any warranties, express or implied, with respect to Advertisements, including without limitation, any express or implied warranty of merchantability or fitness for a particular purpose.
7. GENERAL TERMS
7.1. Wellnessta reserves the right to change these terms and conditions from time to time in its discretion and without prior notice to you. All terms and conditions are applicable to the extent permitted by law. For details check Wellnessta Policies.
7.2. Wellnessta does not make any warranties or representation in respect of the accuracy or completeness or authenticity or originality with respect to Advertisements and shall not be responsible or liable for its accuracy.
7.3. TPM shall be solely responsible and liable for all the content of the Advertisements. Further all materials and or other information used for aforesaid purpose shall not infringe any intellectual property right including but not limited to trademark, copyright or patent of a third party.
7.4. TPM shall indemnify, defend and hold harmless, Wellnessta against all liabilities, damages, losses, costs or expenses (including, without limitation, attorneys’ fees and expenses) arising out of any suit, claim, or proceeding (a “Claim”) for violation or infringement of any Intellectual Property Rights in the content, information and materials pertaining to the Advertisements.
8. DISPUTE RESOLUTION AND ARBITRATION
All disputes arising out of this Program shall be referred to arbitration under Arbitration and Conciliation Act, 1996 or any statutory modification or re-enactment thereof for the time being in force. The arbitration shall be referred to a sole arbitrator who is on the panel of the Indian Merchant Chamber. The venue of Arbitration will be Mumbai and the language of the proceedings shall be English.
9. GOVERNING LAWS AND JURISDICTION:
These Terms and Conditions are governed by and is to be construed in accordance with the laws of the Republic of India. The Courts in Mumbai shall have exclusive jurisdiction.